Succession to the Crown (Request) Act 2013
An Act to request the Parliament of the Commonwealth to enact under section 51(xxxviii) of the Constitution of the Commonwealth an Act to change the law relating to royal succession and royal marriages and for related purposes, and to amend the Criminal Code
[Royal Assent 12 September 2013]
(a) On 28 October 2011, representatives of nations of which Her Majesty is the Sovereign agreed that the rules on succession to, and possession of, the Crown should be changed so as to make succession not depend on gender and to end the disqualification arising from marrying a Roman Catholic.(b) The United Kingdom has further proposed to disqualify certain persons from succeeding to the Crown as a result of marriage, to repeal the Royal Marriages Act 1772 and to validate certain marriages made void by that Act.(c) It is expedient to request the Parliament of the Commonwealth to change the law relating to royal succession and royal marriages by legislating under section 51(xxxviii) of the Constitution of the Commonwealth in the terms, or substantially in the terms, set out in Schedule 1 .
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Succession to the Crown (Request) Act 2013 .
(1) Except as provided by this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Part 3 commences on the day and time that section 6 of the Act of the Commonwealth requested by section 5 of this Act commences.(3) Section 7 commences on the day and time that section 10 of the Act of the Commonwealth requested by section 5 of this Act commences.
The main object of this Act is to facilitate the law relating to the effect of gender and marriage on royal succession being changed uniformly across Australia and consistently with changes made to that law in the United Kingdom, so that the Sovereign of Australia is the same person as the Sovereign of the United Kingdom.
4. Relationship with Sovereign not affected
It is not the intention of this Act to affect the relationship between the Sovereign and the State as existing immediately before its enactment or that that relationship be in any way affected by the enactment by the Parliament of the Commonwealth of the Act requested by section 5 .
PART 2 - Request for Commonwealth Legislation
5. Request for Commonwealth legislation
The Parliament requests the enactment by the Parliament of the Commonwealth of an Act in the terms, or substantially in the terms, set out in Schedule 1 .
PART 3 - Criminal Code Amended
PART 4 - Miscellaneous
7. References to Bill of Rights and Act of Settlement
References, however expressed, in any law that is part of the law of the State, to the provisions of the Bill of Rights or the Act of Settlement relating to the succession to, or possession of, the Crown are to be read as including references to the provisions of this Act and of the Succession to theCrown Act 2013 of the Commonwealth.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Premier; and(b) the department responsible to the Premier in relation to the administration of this Act is the Department of Premier and Cabinet.
SCHEDULE 1 - Succession to theCrown Act 2013 of the Commonwealth
